Zach has tried cases involving a wide array of capital markets transactions and he has been adverse virtually all of the major Wall Street banks. In the wake of the 2008 global financial crisis, Zach represented a European institution that managed one of the world's largest portfolios of subprime, synthetic CDOs, which were the "long" side of The Big Short. He has worked closely with the SEC and other government authorities in their investigations and prosecutions of the misconduct that led to the financial crisis.

Zach was recognized by New York Super Lawyers in 2017, 2016, 2015, 2014, 2013, 2012, and 2011. He was listed by Super Lawyers as a Rising Star a number of years prior. He is also a founding member of the New York County Bar Association Subcommittee on Capital Markets and Hedge Fund Litigation.

EXPERIENCE

Won a $475 million arbitration award on behalf of a Chinese insurer following an an eight-day plenary trial, in an international arbitration venued in Hong Kong relating to a $5 billion cross-border M&A transaction.

Prosecuted claims on behalf of The Prudential Insurance Company of America against Morgan Stanley for fraudulent misrepresentation and civil RICO involving the creation and sale of over $1 billion of RMBS.

Obtained a successful jury verdict in the Southern District of New York in defense of action concerning the provision of health care services to employees of the state of Tennessee.

Won preliminary injunction after two-day plenary trial, in connection with a $40 million debt financing.

Won summary judgment, defeating trade secret infringement claims brought in the Southern District of Florida against broker-dealer regarding the creation of a public exchange for transacting repurchase “repo” agreements.

Won dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC against client IKB Deutsche Industriebank involving a complex array of credit default swaps and underlying CDO assets.

Representing multiple RMBS trustees in trial and appellate courts, both state and federal, concerning several billion dollars in mortgage repurchase claims.

Defended claims of ratings fraud in connection with the launch of a $2 billion structured investment vehicle (SIV).

Defeated an arbitration claim brought against institutional investors by an international investment bank stemming from three contemplated CDO transactions, totaling $1.5 billion, clearing the way for a substantial damage claim prosecuted in the New York Supreme Court.

Representation of CDO noteholders regarding the collateral manager's and trustee's interpretation of the indenture's waterfall provision.

Defeated claims brought against an investment fund, which arose from a $60 million loan transaction.

Successfully prosecuted a jury trial on behalf of a minority shareholder in a large privately held company.

NEWS & INSIGHTS

PRESS MENTIONS

January 16, 2019

Zachary D. Rosenbaum is quoted in FundFire discussing a civil lawsuit he is prosecuting against Apex Fund Services for fraud and racketeering (RICO). Rosenbaum notes that investors in funds for which Apex serves as administrator should be aware of the company’s egregious behavior. (subscription required to access article)

September 6-7, 2018

The New York Law Journal and Law360 report on the September 6, 2018, oral argument before the New York State Court of Appeals in which Zachary D. Rosenbaum argued on behalf of Deutsche Bank National Trust Co. in its appeal from a decision dismissing as time-barred its RMBS “putback” claims against Quicken Loans Inc. Rosenbaum argued to New York’s highest court that a contractual provision defining when a cause of action for breach of representations and warranties accrues should be enforced in accordance with its plain language and does not violate New York public policy. (subscription required to access articles)